I’m not satisfied with the results of my complaint. What are my rights?

All complaints received by the COGCC are initially assessed to determine if the complaint is related to an issue within the COGCC’s jurisdiction. If staff determines that the issues in the complaint are within the COGCC’s jurisdiction, then an investigation will be performed by COGCC staff and the results will be communicated to you in writing. If you disagree with the COGCC’s action or investigation results, as a complainant you have certain rights per COGCC rules. Specifically:

1. Complainant rights related to COGCC’s decision that no violations occurred related to a written complainant:

Per Rule 522.b.(4).(A) the complainant may file a Petition for Review requesting the commission hear an objection to the decision to not issue a Notice of Alleged Violation (NOAV). The procedure and requirements for filing a Petition for review are outlined in 522.b.(5) and 522.b.(6). The Complainant will have 28 days from receiving the decision to file a Petition for Review.

2. Complainant rights related to COGCC’s decision that violations did occur as a direct result of a written complaint:

If a written complaint leads to the issuance of a NOAV, the Complainant will be informed of the terms of a draft settlement and given an opportunity to comment on the settlement, called an Administrative Order of Consent (AOC), between the operator and the COGCC per Rule 522.b.(3).

The Complainant may object to the terms of a final proposed AOC, per Rule 522.b.(4)(B). The Complainant will have 28 days from the date receiving the finalized settlement to formally object.

Further information on what steps are required to file a Petition for Review, and the steps required after such filing, can be obtained by contacting the COGCC Hearings and Regulatory Affairs Manager. Complainant rights and responsibilities are contained within the 500 Series Rules of Practice and Procedure: http://cogcc.state.co.us/documents/reg/Rules/LATEST/500Series.pdf.